Oracle is going after Google for $9.3 billion

Google and Oracle are heading back to court

The next round of Oracle versus Google over the Android OS will begin on May 9. This time around Oracle wants a jury to award the company $9.3 billion, according to James Niccolai at IDG News Service.

Niccolai discovered the big payment request while pouring over court documents involved with the new lawsuit.

Oracle and Google have been in and out of the court system for years over Android’s use of certain parts of Java, a programming language acquired by Oracle when it bought Java’s creator, Sun Microsystems in 2009.

A new jury will decide if Google had the right to use the code for free or if it owes damages to Oracle.

Google has been arguing that its use of Java is covered by fair use, which allows limited copying.

Oracle’s arguments are two folds: It plans to show that Google is profiting from Android to the tune of billions of dollars in sales. And the company will argue that Java once had a fledgling mobile operating system business and that Android should be blamed for its failure to grow to the size of Android.

A jury might find it hard to award $9.3 billion considering Oracle purchased Sun for just $7.4 billion. Oracle paid more along the lines of $5.4 billion if you subtract Sun’s cash on hand.

The award would also be more than the $9.01 billion in revenue that all of Oracle’s products brought in for the last quarter.

When Oracle sued Google over Android in 2011 a judge rejected a $6 billion request, calling it too high.

A jury could also choose to side with Google, rendering the lawsuit pointless.

Google and Oracle are not commenting on the Android lawsuit at this time.